John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Such is the case of Boulder, Colo., police officer John Smyly over his interaction with Zayd Atkinson on March 1st this year. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. Atkinson was picking up trash outside his dormitory when a white police officer in Boulder, Colo., detained him in March, 2019. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Whats next after moving on from Patrick Kane? 9191 46 Comments 15 Shares Share My life right now is kind of restless, unsettled, he said. He shared that he slept on the decision, but he clearly didnt think about how it would land with the community or those few diverse members of his staff. Ultimately, I approved the hire. Kazeem Oyeneyin answers the door at his home in Raleigh, N.C., on Aug. 17. The US economy is sending mixed signals. Put that down, Smyly said on the tape. A Cactus League road game Tuesday came hours after Seiya Suzuki's disappointment of his oblique strain and outlook at what comes next for the Chicago Cubs right fielder. Read more here. CPR's Joella Baumann contributed to this report. We looked at this through the lens of safety and exposure. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. He should have slept longer.. He will receive commensurate pay and benefits during that period and a single, lump sum payment for any accrued and unused vacation time when his employment officially ends Feb. 9. Boulder police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. We would immediately lose our jobs., Body cam video is out. DENVER A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week under an agreement that lets him collect $69,000 in salary despite violating department policies. Sheriff Pelle might be surprised if he were to poll his Black employees the limited number he has to hear their position on Smyly being hired after Smylys racist incident as an officer, Darren OConnor wrote in an email on behalf of the local NAACP chapter. Atkinson repeatedly said he had not done anything wrong. A video of the incident was posted to social media, and in it Atkinson can be heard telling police he is on his own property and is just picking up trash. BOULDER, Colo. -- New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. A phone number for Smyly could not be located Thursday. "My life right now is kind of restless, unsettled," he said. He will leave as soon as possible, and we placed a written deadline on departure by the end of the year. We would immediately lose our jobs.. ABC7 New York 24/7 Eyewitness News . As part of a settlement with the city, Smyly will resign from the police department today but will remain under city employment until February 2020 as he exhausts accrued holiday, sick and administrative leave. Video of the incident from Smyly's body camera shows him detaining . One officer drew his handgun when he arrived but reholstered it in less than a minute, while Smyly had his gun out until Atkinson put the trash-grabbing tool down, according to the summary. By submitting your email to receive this newsletter, you agree to our. Concluding the investigation allows the city to release all of the information relating to the incident, allowing community members to form their own opinions based on all of the available information, Boulder City Attorney Tom Carr said in a statement. The officer was identified today as 40-year-old John Smyly, a 14-year veteran of the department with no prior disciplinary action. Youre gonna shoot a resident on his property for picking up trash?, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. Press Releases are provided to Yellow Scene. At this point, Smyly called in for a cover car and told Atkinson he was obstructing a police officer and was detaining him and investigating him for trespass. John Smyly, a former Boulder Colorado Police officer detains a man, Zayde Atkinson with no RAS. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. says Zayd Atkinson, while officer threatens to taze him, puts hand on gun, then 7 more arrive, all while Atkinson pick up trash at his residence. LOVELAND, Colo., Feb. 27, 2023 /PRNewswire/ -- Meyer Natural Foods, a leading provider of natural and organic proteins, announces the appointment of John Keating as the company's new Chief . Atkinsons attorney Siddhartha Rathod said he was disappointed Smyly was not fired and instead was allowed to resign and remain on the citys payroll until 2020. Rossana Rodriguez Sanchez declares victory over political machine, Billionaires son emerges as winner, set on addressing crime and development, Embattled Ald. On the video, Atkinson responds by shouting: Thats a gun! Feds sue Fort Collins water company for a Grand River Ditch rupture that damaged Rocky Mountain National Park in 2017, Boulder County took a month or longer to notify inmates that the jail had exposed their Social Security numbers. Under a settlement with the city, Smyly will remain on Boulder's payroll until February 2020. BOULDER, Colo. -- New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. Atkinson said he did, but did not elaborate when Smyly asked him what unit he lived in. Lance Storz, 50, was found dead of an apparent suicide Tuesday morning at the Pike County Detention Center, where he was being held on three murder charges, Floyd County Sheriff John Hunt said Tuesday. John is not enjoying the spotlight or controversy and understands it is necessary for him to leave. He did not mention the incident in his resignation letter. Atkinson refused, then picked up the bucket and tool and walked away. Subscribe to more newsletters | COVID-19 tracker | Compare home values by ZIP code | Puzzles & Games | Daily horoscope | Ask Amy, Ahmed Rehab, executive director of the Council of American Islamic Relations, speaks as Travis Grant, second left, acting national director of Rainbow PUSH Coalition, and family attorney Zaid Abdallah look on, as they address charges against an Oak Lawn police officer Feb. 15, 2023. According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun and then drew his handgun. The results of that review will not affect the settlement agreement. A person can also be heard telling Atkinson he was likely racially profiled, but police determined that was said by the Naropa employee, not any of the officers. Im picking up trash! Tracking the Chicago Blackhawks moves before the NHL trade deadline. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. John Smyly has been working as a Officer John at Boulder Valley School District for 9 years. He then told Atkinson that he was obstructing a police officer, a jailable offense. Smyly later told Atkinson that he was being detained for trespassing. Carr said the resignation agreement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career. The citys bargaining agreement with police officers requires an appeal for any disciplinary action and could have allowed Smyly to return to duty, he added. We did not see any opportunity for harm, he wrote. Heres a look at where some ward races stand: View election results, read our full election coverage at chicagotribune.com/elections and see which mayoral candidate received the most votes in your ward. Thats what youre gonna do, officer? According to the report, Atkinson raised his voice and Smyly felt threatened by the trash grabber and drew his stun gun. The officer, John Smyly, resigned this week under an agreement with city officials who found he had violated department policies. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Watch Body Camera Video March 1, 2019 https://t.co/8NnfbXgMXX, Rae Ellen Bichell (@raelnb) May 16, 2019. If you or I were to do this, we would be criminally charged. Thats what youre gonna do, officer? He says funding is key. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smylys encounter with Zayd Atkinson in Boulder on March 1, 2019. (John J. Kim / Chicago Tribune). Atkinson, 26, said he believes Smyly should have been fired immediately. This was a temporary, non-enforcement job with no public contact or representation. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. When Zayde Atkinson refuses, Smyly threatens to tase him. City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. The iconic deep dish chain is focusing on expanding its franchise restaurants. When Zayde continues to refuse to be John Smyly's b****, Smyly brandished a fire arm to try to further intimidate his victim into compliance. If you or I were to do this, we would be criminally charged. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Jalen Carter, a top NFL draft prospect and potential target for Bears, charged with reckless driving and racing in fatal accident, Want to see Venus and Jupiter together? He will receive commensurate pay and benefits during that period and a single, lump sum payment for any accrued and unused vacation time when his employment officially ends Feb. 9. If you or I did what Officer Smyly did to Zayd Atkinson, not only would we be immediately fired, we would be criminally prosecuted, Rathod said. Adler Planetarium says theyll be visible tonight, Grab a magic wand for potions class: Wizard-themed bar The Cauldron opens soon in Wicker Park, Column: Creed III is right on time, say stars Michael B. Jordan and Jonathan Majors, Greek transport minister resigns after head-on train crash kills dozens, Eli Lilly plans to slash some insulin prices, expand cost cap, Long-lost ship found in Lake Huron, confirming tragic story, 10-1! Smyly can be heard saying, You have a dangerous object in your hand and you are failing to put it down., When Atkinson points out you are holding a gun, while he has a trash grabber, Smyly says, I feel threatened because you are not putting it down., Atkinson at several points asks for Smylys supervisor and says, Youre not going to get away with murder. At about 8:20 a.m., Smyly was in his patrol car when he saw Atkinson "from a distance" at 2333 Arapahoe Ave. "manipulating an unknown object in his left hand." Smyly drove closer and observed. One of the other officers arrived with a handgun drawn but holstered it, while another had a stun gun drawn. Smyly approached Atkinson on March 1 in front of the condo-style building, where he was using a metal tool with a claw at its base to put trash into a bucket, according to the new footage. Track SoCal rain with LIVE Megadoppler 7000 HD, a black man confronted by a Boulder police officer. The report released with the video said Smyly had no authority to detain Atkinson or probable cause to charge him with any crime and should have left once Atkinson provided his name, address and his reason for being there. We have been engaged in race equity training and discussions and are committed to continuing those efforts and working with county staff on whatever tools might help us in those efforts. Atkinson provided his school ID, which did not have an address and then offered to let himself into the building as proof. Carr said the resignation agreement allowed the city to provide the community information more quickly, and it transitioned Officer Smyly out of a law enforcement career. The citys bargaining agreement with police officers requires an appeal for any disciplinary action and could have allowed Smyly to return to duty, he added. "I'm just checking to make sure that you have a right to be here, that's all. According to the report, Smyly asked Atkinson whether he lived in the building, which was Naropa student housing. Atkinsons attorney did not respond to requests for comment. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. Put that down, Smyly said on the tape. (Antonio Perez / Chicago Tribune). Smyly asked for Atkinsons date of birth. The subject officers decision to attempt to detain Mr. Atkinson was not supported by reasonable suspicion that Mr. Atkinson was committing, or was about to commit a crime, therefore he did not have authority to detain Mr. Atkinson, the report read. "How do you feel, officer? By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinsons race. The City of Boulder released a statement Thursday saying, "while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process. Youre gonna shoot a resident on his property for picking up trash?, Smyly drew his gun when the two men reached the back of the building, an investigative summary said. Its the day after Election Day. The subject officer did not have probable cause to charge Mr. Atkinson with any crime. The Boulder Chapter of the NAACP, which emailed the Camera about the hire, decried Smylys hiring in a statement. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. More officers -- 8 in total -- eventually arrived, some with guns drawn. (Tribune photo by Nancy Stone). Jim Gardiner is top vote-getter, likely headed to runoff with Megan Mathias, which mayoral candidate received the most votes in your ward, Oak Lawn officer pleads not guilty in violent arrest captured on video, allegedly struck teen more than 10 times, Woman, 55, fatally wounded Tuesday night in North Austin neighborhood, Man fatally injured when SUV falls on him near Gages Lake, Pizzeria Uno sells frozen pizza division to Romeoville-based Great Kitchens. When he refuses to ID the way the cop wants him to, John Smyly escalates the situation. Some understood the past controversy in his role as a city police officer, so they brought this decision to some of our executive staff members, including myself, for discussion. On the video, Atkinson responds by shouting: Thats a gun! Atkinson, 26, said he believes Smyly should have been fired immediately. Now that the two candidates have been determined . Former Boulder police officer John Smyly takes, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Former Boulder police officer John Smyly takes temporary civilian position with sheriffs office, Applications being accepted for vacancy created by Boulder County judges death, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Defendant in Boulder peeping incidents pleads guilty, Police investigate another phone threat to Boulder High, Brought to you by Prairie Mountain Publishing, who resigned after pointing a gun at a Black Naropa student, Boulder police investigating overnight shooting, suspect still at large, Years later, Boulder officials look for compromise as affordable housing promise at former Fruehaufs site still unfulfilled, Colorado grocery stores can begin selling wine on Wednesday, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smylys encounter with Zayd Atkinson in Boulder on March 1, 2019. Read more here. According to a summary of the investigation released by Boulder police Chief Greg Testa, Smyly was conducting extra patrols on March 1 in the area of Folsom Street and Arapahoe Avenue due to recent crime in the area. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. The shooting was one of the deadliest . City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job. and I wish to inform you of the resolution to the issue, Our staff spoke to John Smyly yesterday concerning the controversy over his temporary position here. Boulder police said it could not support a claim of racial profiling in the encounter, but Smyly was found to have violated two department policies. According to a summary of the investigation released by Boulder police, Officer John Smyly was conducting extra patrols on March 1, 2019, in the area of Folsom Street and Arapahoe Avenue when. Atkinson, 26, said he believes Smyly should have been fired immediately. When Smyly asked for an address and date of birth, Atkinson walked away and began to pick up trash again. We have concluded this hire was not helpful to our equity work, and I wish to inform you of the resolution to the issue. We w, This was very difficult because John has not violated any policies here and has been a very productive. Boulder Valley School District is part of the K-12 Schools industry, and located in Colorado, United States. He. Heres what it all means. Newly-released body camera video shows how it all started. Smyly asked for Atkinsons date of birth. After about eight minutes, more officers arrive and form a loose half circle around Atkinson. By. A disciplinary appeal process required by the police collective bargaining agreement likely would have overturned a termination of the officer, and he would have returned to duty after extensive additional delay, Carr said in the statement. The citizens of Boulder should be outraged that Boulder either doesnt have the ability or the will to fire this officer and root out discrimination from this police department.. He said he has had trouble sleeping and spends time outdoors or with friends to calm him. but it can also be stressful. And remember, for the latest breaking news in Chicago, visit chicagotribune.com/breaking and sign up to get our alerts on all your devices. Ed Burke since 1969 won by Jeylu Gutierrez, Ald. Finally, police confirm his story by asking someone else if he does, in fact, live there. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Now that the two candidates have been determined for the runoff election for Chicago mayor, more of the aldermanic races are becoming clearer. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. Smyly was allowed to resign, and is likely working for another department at this time. Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. 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